Joke Collection Website - Blessing messages - In this case, how long is the detention period of the other party for insulting the other party by sending a text message?
In this case, how long is the detention period of the other party for insulting the other party by sending a text message?
Legal analysis
If it's just an insult by SMS and there are no consequences, it doesn't constitute a "crime". However, they can report to the police station, and the police station will impose administrative penalties on them for detention or fines. At the same time, you can also sue to the court to apologize, and if the circumstances are serious, you can also request compensation for mental damage. If the perpetrator only sent it once, and the circumstances are minor, the public security organ should criticize and educate it, and it is not necessary to bear the responsibility of public security management according to law. If the perpetrator repeatedly makes harassing phone calls or sends harassing text messages to insult others and interfere with their normal life, he shall bear corresponding administrative or criminal responsibilities. First of all, if the perpetrator repeatedly sends information to insult others, according to the regulations: if he repeatedly sends obscene, insulting, threatening or other information and interferes with the normal life of others, he will be detained for less than 5 days or fined for less than 500 yuan; If the circumstances are serious, they shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan. And if the circumstances are serious, the possibility of criminal responsibility shall not be ruled out.
legal ground
Article 188 of the Civil Law of People's Republic of China (PRC) requests the people's court to protect civil rights, and the limitation of action is three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law shall be detained for less than five days or fined less than five hundred yuan for any of the following acts; If the circumstances are serious, he shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan: (1) writing threatening letters or threatening the personal safety of others by other means; (2) publicly insulting others or fabricating facts to slander others; (3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment; (4) Threatening, insulting, beating or retaliating against witnesses and their close relatives; (5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others; (six) voyeurism, sneak shots, eavesdropping, spreading the privacy of others.
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